These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Templeton Built Pty Ltd, a proprietary company incorporated in Australia and operating the ChangeOrdersPro platform ("ChangeOrdersPro," "we," "us," or "our") located at www.changeorderspro.com (the "Service"). These Terms govern your access to and use of the Service, which is made available exclusively to users located in the United States.
By creating an account, clicking "I Agree," accessing, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Service.
These Terms form a binding legal contract. If you accept these Terms on behalf of a business entity, you represent and warrant that you have authority to bind that entity, and "you" and "Customer" shall refer to that entity throughout.
To use the Service you must:
The Service is not available to consumers, residents of the European Union, the United Kingdom, Canada, or any other jurisdiction outside the United States. Access from such jurisdictions is unauthorized and prohibited.
The Service is designed exclusively for business-to-business use by general contractors, builders, remodelers, subcontractors, and similar construction-industry participants. You represent and warrant that you are using the Service for business purposes only, and not as a consumer. This characterization is material to these Terms.
ChangeOrdersPro is a software-as-a-service (SaaS) platform that enables construction-industry businesses to create, send, track, and electronically execute change orders. The Service includes:
THE SERVICE IS A SOFTWARE TOOL ONLY. IT DOES NOT CONSTITUTE AND DOES NOT PROVIDE:
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice where practicable. We are not liable to you or any third party for any modification, suspension, or discontinuation.
To access the Service, you must create an account by providing a valid email address, a business name, and a password. You agree to provide accurate, complete, and current information and to keep it updated.
You are solely responsible for all activity occurring under your account. You agree to:
We are not liable for any loss or damage arising from your failure to maintain account security.
If you create or manage an account on behalf of a business entity, you represent and warrant that you are duly authorized to bind that entity to these Terms. Each user you add to your account is deemed authorized to act on behalf of your business through the Service.
You may use the Service only for lawful business purposes directly related to managing construction change orders. All other use is prohibited.
You will not, and will not authorize any third party to:
We reserve the right to investigate suspected violations and to suspend or terminate your account, with or without notice, without liability to you.
"Customer Content" means all data, text, images, files, signatures, audit-trail records, and other materials you or your users submit to, store on, or generate through the Service, including all change orders created by you.
As between you and ChangeOrdersPro, you retain all rights, title, and interest in and to your Customer Content. We claim no ownership of it.
You grant us a limited, worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, store, and process your Customer Content solely as necessary to provide the Service. This license terminates upon account closure or deletion of Customer Content, except as required for legal compliance, audit-trail integrity, or content already delivered to a counterparty.
You are solely responsible for the accuracy, legality, and appropriateness of your Customer Content, including obtaining all required consents and authorizations before uploading or using content through the Service.
We will not use your Customer Content to train artificial intelligence or machine-learning models. We may use aggregated, de-identified, statistical usage data to improve and operate the Service.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING COMPLETE AND INDEPENDENT BACKUP COPIES OF ALL CUSTOMER CONTENT, INCLUDING ALL CHANGE ORDERS, SIGNED DOCUMENTS, AUDIT TRAILS, AND PROJECT DATA. THE SERVICE IS NOT, AND MUST NOT BE USED AS, YOUR SOLE OR PRIMARY SYSTEM OF RECORD.
We make no warranty that Customer Content will remain accessible or recoverable following account termination, Service suspension, infrastructure failure, cyberattack, force majeure, user error, or discontinuation of any feature or the Service.
We provide export functionality enabling you to download signed PDFs and change-order data. You agree to use this functionality regularly. Failure to do so is entirely at your risk.
Where the Service automatically delivers a signed PDF by email, that delivery constitutes your copy. You are responsible for retaining such emails. We are not liable for emails filtered, rejected, delayed, or lost on your end or your counterparty's end.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHANGEORDERSPRO IS NOT LIABLE FOR ANY LOSS, CORRUPTION, OR INACCESSIBILITY OF CUSTOMER CONTENT FOR ANY REASON, INCLUDING OUR ACTS OR OMISSIONS, EXCEPT IN CASES OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
The Service's electronic signature functionality is designed to support compliance with the federal Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA) as adopted in applicable states. However, we make no warranty as to the legal effect of any specific signature in any specific dispute.
You are solely responsible for:
The Service does not verify the identity of any signing party, confirm email-address ownership, or assess any signer's authority to bind a legal entity. You bear all risks associated with unauthorized or mistaken signatures.
Each executed change order is associated with an audit trail recording the email address used, IP addresses, browser information, and timestamps for key events including opening, viewing, and signing. We retain audit trail data for seven (7) years from the date of execution, after which it may be deleted.
WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY ELECTRONIC SIGNATURE OR AUDIT TRAIL PRODUCED THROUGH THE SERVICE WILL BE FOUND ENFORCEABLE, ADMISSIBLE, OR PERSUASIVE IN ANY PROCEEDING. ENFORCEABILITY DEPENDS ON FACTS AND LAW SPECIFIC TO EACH DISPUTE.
Any information about electronic signatures provided on our website, in our documentation, or through the Service is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney for jurisdiction-specific guidance.
The Free tier is available at no charge and is subject to usage limits posted at https://changeorderspro.com/pricing, currently: three (3) change orders per calendar month and one (1) user account. We may modify these limits on prospective notice.
The Pro tier is offered on a paid monthly subscription, billed per user per month at the price posted at https://changeorderspro.com/pricing. By subscribing, you authorize us to charge your designated payment method on a recurring monthly basis. All fees are in United States Dollars and exclusive of applicable taxes.
If we offer a free trial (currently 14 days), we will not charge your payment method during the trial period. If you do not cancel before the trial expires, your payment method will be charged at the end of the trial and your subscription will auto-renew monthly thereafter.
IMPORTANT NOTICE: PRO SUBSCRIPTIONS AUTOMATICALLY RENEW EACH MONTH ON YOUR BILLING ANNIVERSARY UNTIL YOU CANCEL. By subscribing, you authorize recurring monthly charges to your payment method. You may cancel at any time through your account settings; cancellation takes effect at the end of the current billing period and no charge will be made for the following period. This disclosure is provided in compliance with applicable state automatic renewal laws, including California Business and Professions Code § 17600 et seq.
Payments are processed by Stripe, Inc. By providing payment information, you agree to Stripe's terms of service. We do not store full card numbers or security codes.
If a payment fails, we will retry and may suspend access to Pro features until payment succeeds. If payment is not received within thirty (30) days of the due date, your account may be downgraded to the Free tier.
We may change subscription pricing with at least thirty (30) days' advance written notice. Continued use of the Service after the effective date of the price change constitutes your acceptance of the new pricing.
ChangeOrdersPro and its licensors own all right, title, and interest in and to the Service, including all software, interfaces, designs, documentation, trademarks, and other intellectual property. These Terms do not transfer any ownership interest to you.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the term of your subscription solely for your internal business purposes.
If you provide us with suggestions, feedback, or ideas regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose without compensation to you.
We respect intellectual property rights. To report copyright infringement, contact us at legal@changeorderspro.com with the information required by 17 U.S.C. § 512(c)(3).
The Service may integrate with or link to third-party platforms and services. We are not responsible for the content, availability, accuracy, or practices of any third-party service. Your use of third-party services is governed by their own terms. We disclaim all liability arising from your use of third-party integrations.
Our collection and use of personal information in connection with the Service is governed by our Privacy Policy (www.changeorderspro.com/privacy), incorporated into these Terms by reference. By using the Service, you consent to our data practices as described therein.
Each party may receive confidential information of the other in connection with these Terms. Each party agrees to hold the other's confidential information in confidence with at least the same degree of care it uses for its own confidential information, and in any event with no less than reasonable care. Neither party will disclose the other's confidential information except as required by law, court order, or with prior written consent. This obligation does not apply to information that: (a) is or becomes publicly available without breach; (b) was independently developed; or (c) was lawfully received from a third party without restriction.
You represent and warrant that: (a) you have the authority to enter into these Terms; (b) your use of the Service will comply with all applicable laws; (c) your Customer Content does not infringe any third-party rights; and (d) you are not subject to any government embargo or sanctions list.
We represent and warrant that: (a) we have the authority to enter into these Terms; and (b) we will use commercially reasonable efforts to provide the Service as described. THIS IS THE EXTENT OF OUR WARRANTIES. ALL OTHER WARRANTIES ARE DISCLAIMED AS SET FORTH IN SECTION 14.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE SERVICE MEETS YOUR REQUIREMENTS OR THAT RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHANGEORDERSPRO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE LEGAL THEORY AND REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIVE HUNDRED UNITED STATES DOLLARS (US$500).
You acknowledge that the limitations in this Section 15 reflect a reasonable allocation of risk and are an essential element of the basis of the bargain. The Service would not be provided at its current pricing, including free of charge, without these limitations.
Some states do not allow the exclusion or limitation of certain damages. To the extent such laws apply to you, some of the above limitations may not apply, and the applicable limitation will be reduced to the minimum required by law.
You will indemnify, defend, and hold harmless ChangeOrdersPro and its affiliates, officers, directors, employees, agents, and licensors from and against all third-party claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms or applicable law; (b) your Customer Content; (c) any change order or document created, sent, or signed through your account; (d) any dispute between you and a third party regarding any such document; (e) your failure to verify the identity or authority of any signing counterparty; or (f) your violation of any third-party right. We will give you prompt notice of any indemnifiable claim. You will control the defense, provided that settlements requiring our action or admission require our prior written approval.
These Terms are effective from the date you first accept them and continue until terminated.
You may cancel your subscription or close your account at any time through your account settings or by emailing support@changeorderspro.com. Pro subscription cancellations take effect at the end of the then-current billing period.
We may suspend or terminate your account at any time, with or without notice, for any reason including violation of these Terms, non-payment of fees, inactivity (Free-tier accounts inactive for 24 months may be deleted on 60 days' prior notice), or discontinuation of the Service.
Upon termination, your right to use the Service ceases immediately. Customer Content retention and deletion is governed by our Privacy Policy.
Sections 4, 5, 6, 7, 9, 12, 13, 14, 15, 16, 18, and 19 survive termination of these Terms.
Before initiating any formal proceeding, you agree to contact us at legal@changeorderspro.com and attempt in good faith to resolve any dispute informally for at least sixty (60) days.
ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE THAT IS NOT RESOLVED INFORMALLY WILL BE FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION WILL BE CONDUCTED REMOTELY OR AT A MUTUALLY AGREED LOCATION. THE ARBITRATOR'S DECISION IS FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS PROCEEDING.
Either party may bring an individual action in small-claims court for claims within that court's jurisdiction in lieu of arbitration.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues. Claims not brought within this period are permanently barred.
You may opt out of the arbitration provisions in Section 18.2 by sending written notice to legal@changeorderspro.com within thirty (30) days after first accepting these Terms. Opting out does not affect any other provision.
We may modify these Terms at any time. Material changes will be notified by email to your registered address and posted on the Service at least thirty (30) days before taking effect. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service before the effective date.
These Terms, together with the Privacy Policy and any other policies expressly incorporated herein, constitute the entire agreement between you and ChangeOrdersPro regarding the Service and supersede all prior communications, agreements, and understandings.
Our failure to enforce any right or provision is not a waiver. Waivers must be in writing and signed by our authorized representative.
If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Any unauthorized assignment is void.
These Terms do not create third-party beneficiary rights.
We are not liable for failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, pandemics, government action, internet or infrastructure failures, or third-party service outages.
We may give notice by email to your registered address or by posting on the Service. You may give us notice at legal@changeorderspro.com. Notices are effective on delivery.
These Terms do not create any agency, partnership, joint venture, or employment relationship. Each party is an independent contractor.
These Terms are in English. Any translation is for convenience only; the English version controls.
You agree to comply with all applicable United States export-control and economic-sanctions laws in connection with your use of the Service.
For questions about these Terms, please contact us:
Templeton Built Pty Ltd
Operating as ChangeOrdersPro
Website: www.changeorderspro.com
Legal: legal@changeorderspro.com
Support: support@changeorderspro.com
Privacy: privacy@changeorderspro.com
Security: security@changeorderspro.com